What Is Negligence Under Oregon Law?
Negligence under Oregon law refers to a failure to use reasonable care that results in harm to another person. Most personal injury claims in Oregon are based on proving that someone acted negligently.
The basic elements of negligence in Oregon
To establish negligence under Oregon law, an injured person generally must show four elements:
- Duty of care: The other party owed a legal duty to act reasonably.
- Breach of duty: That duty was violated through action or inaction.
- Causation: The breach directly caused the injury.
- Damages: The injury resulted in measurable harm.
How negligence applies to personal injury cases
Negligence is commonly alleged in Oregon personal injury cases involving car accidents, pedestrian injuries, unsafe property conditions, and other incidents where reasonable care may not have been exercised.
Insurance companies often focus on whether negligence can be proven when evaluating injury claims.
Comparative fault and negligence in Oregon
Oregon follows a modified comparative fault system. An injured person may recover compensation as long as they are not more than 50 percent at fault for the accident.
If the injured person is partially responsible, any compensation awarded is typically reduced by their percentage of fault.
Negligence and Oregon filing deadlines
Most negligence-based personal injury lawsuits in Oregon must be filed within two years under Oregon Revised Statutes § 12.110.
Failing to meet this deadline can bar a negligence claim regardless of fault.